Suspensions
On-Court Suspensions
For suspensions related to conduct on the court, a Player can request a hearing with the League.
Off-Court Suspensions
For suspensions related to off-court conduct, the League must provide the NBPA with specific evidence which the discipline was based.
Mandatory Suspensions
The following mandatory suspensions are levied:
- Missing Rookie Transition Program: 5 games;
- Violent Felony Conviction: 10 games.
Reduction in Pay for Suspensions
Below are the rules governing when the Player’s pay is reduced due to a Suspension.
Base Compensation
Failure or refusal to render services required in the Contract: Reduced 1/91.6th of the Player’s Base Compensation for each missed game (Exhibitition, Regular Season, Play-In or Playoffs).
For the first one-game suspension for conduct on the court: His per-day Salary.
All other suspensions:
- Fewer than 20 games: 1/145th of Base Compensation;
- 20+ games: 1/110th of Base Compensation.
Signing Bonus
A Team is entitled to a return of the prorated amount of the Signing Bonus when suspended for failure or refusal to perform services under the Contract.
No Adjustment of Salary
Player Salary is not adjusted when his Compensation is reduced due to a suspension (i.e. Team Salary will not be effected).
However, when the League (not the Team) suspends the Player, 50% is reduced for Tax Salary purposes.
Free Agents and Suspensions
If a Player still has games to serve under a suspension and he is a Free Agent, then 1.5 of each Regular Season Game of his Prior Team will count toward 1 game of his suspension.
If he signs a new Contract, then his Base Compensation is reduced for the number of games remained to be served as of the first day of the Regular Season.
Fines
Itemized List of Fines
If a Player misses the following without notice or excuse, the following penalties shall be levied:
- First Practice: $2,500;
- Second Practice: $5,000;
- Third Practice: $7,500;
- Fourth Practice and Ongoing: Such discipline as is reasonable under the circumstances;
- Promotional Appearance: $20,000;
- Mandatory Program: $20,000 (note missing Rookie Transition Program Results in a 5-game suspension);
- Media Training Program: $20,000;
- Business of Basketball Program: $5,000;
- Anti-Gambling Training Session: $100,000;
- Counseling/Evaluation: $100,000;
- Publicly demanding a Trade: Up to $150,000;
- Failure to cooperate with League investigation: “Reasonable fine”.
Charitable Contribution
All fines and suspension-related Compensation will go to charity (50% to the NBPA’s choosing and 50% to the League’s choosing).
Conduct Detrimental
The Constitution provides general authority to the Commissioner to suspend a Player for a definite or indefinite amount of time or fine him up to $50,000 for any statement or conduct detrimental or prejudicial to the League or a Team.
Counseling
Convicted of Crime
If a Player is convicted of a violent crime, he is required to attend at least 5, and no more than 10, counseling sessions as determined by the counselor.
If convicted of a DUI-type offense, the Player must undergo an evaluation with a Medical Director of an Anti-Drug Program who may require him to attend up to 10 substance abuse counseling sessions.
Off-Court Violent Conduct
If there is no conviction, but the Team or League has reasonable cause to believe the Player engaged in violent conduct, he is required to undergo a clinical evaluation.
The neutral evaluator can determine if the Player should be required to undertake counseling.
Firearms
Players are prohibited from possessing a firearm or deadly weapon on any League-related premises.
A Player must submit proof proper ownership of a firearm at the beginning of each Season (and any modification during the Season).
Violations of the above is considered “conduct detrimental to the League.”
Team vs. League Penalties
There shall only be one penalty for the same conduct.
Both the League and Team can’t issue discpline, with two exceptions:
- The Team can terminate the Contract while the League also suspends the Player if the conduct is egregious in nature; and
- Both can issue discipline for failure to report for a trade.
The League can either prohibit Team discipline, or rescind it, within 48 hours of becoming aware of the Player’s conduct, and the League is the only one to levy any punishment at that point.
Investigations
The League has the right to investigate alleged Player misconduct and the Player must cooperate with investigations.
For off-court incidents, the League must alert the NBPA of any interviews and allow a representative to be present for the interview. The reps failure to attend will not prohibit the interview, but failure to notify the NBPA will bar the League from using the interview as evidence.
For on-court incidents, the League must alert the NBPA of the interview, but there is no need for the allowance of an NBPA rep.
Gaming and Cannabis Companies
The CBA has specific limitations regarding a Player’s investment and endorsements of gambling companies and cannabis companies.
Domestic Violence Policy
The League and NBPA have a joint policy covering conduct and displine relating to domestic violence, sexual assault and child abuse.
Required Promotional Activities
General Promotional Activities
A Player is obligated to participate in promotional activities of the Team and League, which is considered satisfied if during his Contract the Player does the following:
- Attends 7 individual personal appearances (2 season ticketholder events);
- Attends 5 group appearances.
The Player is paid $3,500 for each appearance and reimbursed for expenses.
The League/Team is also limited as to the times and locations of the promotional appearances, specifics of which are provided in the CBA.
Interviews and In-Game Audio
Players are obligated to partake in in-game interviews, interviews with television partners and wear in-game audio, subject to limitations.
Team Rules
Each Team is able to establish its own rules for Players on and off the court, so long as they are reasonable and do not conflict with the UPC.
Games Played Requirement
The League has implemented a minimum threshold that a Player must satisfy to be awarded certain League Honors. If he doesn’t meet the minimum threshold, or meet an exception discussed below, then he has no chance of being awarded any of the League honors discussed below.
This is crucial, as it can have a significant impact on a Player achieving the Higher Max Criteria, allowing a significant increase in Maximum Player Salary.
League Honors Subject to Threshold
Below are the League Honors subject to the Minimum Games Thresholds:
- Most Valuable Player;
- Defensive Player of the Year;
- All-NBA (First, Second or Third Teams);
- All-Defensive Team (First or Second Teams);
- Most Improved Player.
Minimum Games Threshold Definition
To be eligible for the above awards (absent an exception discussed below), the Player must satisfy one of the two criteria below (called Award Eligibility Criteria in the CBA):
- Played in at least 65 Regular Season games; or
- Played in (i) at least 62 Regular Season games, (ii) suffered a season-ending injury, and (iii) played in at least 85% of the Regular Season games played prior to suffering the injury.
Played – A Player is considered to have “Played” in a Regular Season game if he played 20+ minutes in the game. However, a Player can count 2 games as Played if he only played 15+ minutes in the game.
Season-Ending Injury – An injury is deemed “Season-Ending” if a jointly-selected physician from the League and NBPA finds that it’s substantially more likely than not that the Player would be unable to play through the May 31st following the date the injury occurred.
The In-Season Tournament – It should be noted that all of the games of the In-Season Tournament count toward Regular Season games Played, including the extra Finals Game.
Exceptions to the Minimum Games Threshold
A Player who does not satisfy the Minimum Games Threshold above can still be awarded one of the League Awards if he succeeds in one of the two exceptions: (1) The Award Eligibility Grievance or (2) The Extraordinary Circumstances Challenge.
A Player cannot bring both in the same Season.
Award Eligibility Grievance
Player Must Prove:
- The Team willfully limited the Player’s minutes/games played;
- The limitation was done with the intention of depriving the Player of eligibility for one or more League awards.
Burden of Proof:
The Player must prove the above elements by clear and convincing evidence.
Remedy:
If the Player is successful, his sole remedy is that he is deemed eligibile for the League Honors (note the League itself may impose its own discipline on the Team for its actions).
Limited to Players Potentially Eligible for Higher Max Salary:
The Award Eligibility Grievance is limited to those Players who could be impacted in achieving the Higher Max Criteria and increasing their applicable Maximum Salary.
Procedure:
The Award Eligibility Grievance is brought before the System Arbitrator.
Must be brought within 2 days of the date the Player is mathematically impossible to reach the 65 games played, or on 11:59 P.M. ET on the last day of the Regular Season, whichever is earlier. Written notice must be served to the appropriate parties.
The System Arbitrator will hold the hearing within 2 days of receipt of the Grievance, and render a decision the day following the hearing, with a written opinion.
Extraordinary Circumstances Challenge
Player Must Prove:
- Due to extraordinary circumstances, it was impracticable for him to play in 1 or more Regular Season games that he missed;
- He would have satisfied the Minimum Games Threshold if he had played in every game that he missed due to the extraordinary circumstances; and
- Taking into account the totality of the circumstances, including whether the Player did not play in any other games outside of the extraordinary circumstance, it would be unjust to exclude the Player from eligibility for the League Honors.
Burden:
The Player must prove the extraordinary circumstance. However, the CBA does not require clear and convincing evidence as it does for the Award Eligibility Grievance.
Remedy:
The sole remedy is that the Player is eligible for League Honors.
Procedure:
The Challenge is heard by an independent expert jointly selected by the League and NBPA.
The Challenge must be brought between 12:00 P.M. ET on the last day of the Regular Season and 11:59 P.M. ET the following day. Written notice must be served to the appropriate parties.
The Independent Expert will hold a hearing within 2 days and issue a written opinion within 1 day following the hearing.
The In-Season Tournament
The NBA first implemented the In-Season Tournament for the 2023-24 Season. All of the games during the In-Season Tournament are treated as standard Regular Season games for all purposes, except for the Finals Game, which is the 83rd game for the participants.
For the Finals Game, the League treats the extra game as another Regular Season Game, except for the items below:
- Team Winning Percentage and Standings;
- Two-Way Player’s Games on Active List;
- The number of games a Player is suspended;
- Performance benchmarks for Performance Bonuses or Compensation Protection;
- Determining Starter Criteria for Qualfying Offer amounts for RFA’s;
- Waiver preferences for Teams when claiming a Player;
- General agreement inthe CBA that Teams are to play no more than 82 Regular Season Games;
- Calculating alternate days off when a Regular Season has less than 82 games.